Trade Name Registration
Doing Business Under More Than One Name
IT'S A FACT!
No person or company may do business in West Virginia under any assumed name unless a trade name registration is filed. This requirement protects consumers against fraud by connecting each business name to a person who is responsible for that business.
What is a Trade Name?
A trade name is any name under which you do business other than the current official name on your business registration record. It may be:
- a completely different name (for example, "Pizza Rosa" for "BBR, Inc.");
- a shortened name (for example, "Kilroy's" for "Kilroy's River Restaurant, Inc."); or
- a name which merely drops the corporate term (for example, "ZZZ Sleep Systems" for "ZZZ Sleep Systems, Inc.").
These are some important basic principles:
- The term "trade name" applies to all references to true name, fictitious name, and DBA name. An out-of-state company which must use a DBA name to register in West Virginia because its original name is not available is not required to separately register the DBA as a trade name, but the DBA is still considered a trade name under the law.
- The law sets no limits on the number of trade names which may be registered by one person or company.
- Trade names are not "protected" from use by other companies through trade name registration. To protect a trade name that is in actual use, a service mark or trade mark application should be considered.
- Trade names can be sold or assigned to another company.
- When a company ceases to use a trade name, it should withdraw the registration.
- When a company is dissolved, terminated or withdrawn, the trade names owned by that company are terminated.
- When a company is revoked, and does not reinstate within two years, the trade names are also terminated.
Filing a Trade Name Registration Application
Before starting to advertise or do business under another name, register your trade name with the appropriate office.
- Individuals, sole proprietorships, and general partnerships register trade names by filing a certification of trade name with the County Clerk of the county where the principal office is located (see West Virginia Code §47-8-2).
- Corporations, limited liability companies, limited partnerships, limited liability partnerships, voluntary associations and business trusts all register trade names with the Secretary of State.
How To Apply
|Check name availability
||To conduct a name search with the State Tax Department to register as an individual, sole proprietorship or general partnership, contact:
West Virginia State Tax Department
1206 Quarrier Street
Charleston, WV 25301
Toll free: 1-800-982-8297
To conduct a name search with the Secretary of State to register as a corporation, limited liability company, limited partnership, limited liability partnership, voluntary association or business trust, search the Business Organizations Search database, then call (304) 558-8000 to confirm name availability. A trade name must be "distinguishable" from other active registered names.
|Complete the application (Secretary of State filing only)
||Click here to download the Secretary of State Trade Name Registration (Form NR-3) application in Acrobat Reader format, enter the information, print two copies, then have an authorized officer sign the form. Need help? See Acrobat Reader Help.
(Secretary of State filing only)
|Submit the application and $25 fee to the Business Organizations Division. See Ordering & Payment for more information.
Withdrawing a Trade Name
West Virginia Code §47-8-4 states: "Upon discontinuing the use of a registered trade name the certificate of registration of trade name shall be withdrawn by filing a certificate of withdrawal with the office of the secretary of state setting forth the name to be discontinued, the real name, the address of the party transacting business and the date upon which the original certificate of registration of trade name was filed."
File the Trade Name Withdrawal application (Form NR-4) through Secretary of State to withdraw a trade name filed for a corporation, limited liability company, limited partnership, limited liability partnership, voluntary association or business trust. Submit the completed application to the Secretary of State with the $25 filing fee.